Adding to my list of questions....

[TRfromillino]

Sorry I'm such a pain. I have all these things rolling around in my head and need to get them out.

Q #1: If all parties sign the reaffirmation papers, including my lawyer, do the papers still get filed to the court for the judge to look over? Or is that just if the lawyer did not sign them? My lawyer says that the bank and he and I are the only ones. I don't believe him.

Q#2: Any ideas of typical foreclosure expenses a local bank might incur in a small town if they foreclose?

Q# 3: When all of you were going thru your cases, did your lawyer keep you informed as to anything he sent out or recieved, letters, etc? Or did he just do it in the background without your knowledge?

I feel as tho I need to go to a different area to find a foreclosure consultation as both big towns are north or south of me. I went north the first time, prolly should go south this time. I have no idea of how to find a good one in that area and the only person I know down there happens to be my trustee! lol I suppose it would be unethical to ask him for a name. I'm trying to get my backbone strong again...lol

[LadyInTheRed]

Sorry I'm such a pain. I have all these things rolling around in my head and need to get them out.

Q #1: If all parties sign the reaffirmation papers, including my lawyer, do the papers still get filed to the court for the judge to look over? Or is that just if the lawyer did not sign them? My lawyer says that the bank and he and I are the only ones. I don't believe him.

If your lawyer signs a declaration saying it is not an undue hardship, the judge does not have to approve the reaffirmation. You might want to ask your lawyer to not sign the declaration and then ask the judge not to approve. After all, you said at one point that your lawyer agreed it wasn't in your best interest to reaffirm: http://www.bkforum.com/showthread.ph...ong&highlight= His secretary also told you he wouldn't sign off on the reaffirmation. Post 17: http://www.bkforum.com/showthread.ph...e-papers/page2 You even said that the bank said in their motion for relieve from stay that you're not solvent enough to pay the note.

Q#2: Any ideas of typical foreclosure expenses a local bank might incur in a small town if they foreclose?

I have no idea.

Q# 3: When all of you were going thru your cases, did your lawyer keep you informed as to anything he sent out or recieved, letters, etc? Or did he just do it in the background without your knowledge?

Your lawyer should keep you informed of all significant developments in your case. That doesn't mean he needs to tell you about everything he receives or sends out. But, he should not make any decisions about your case without your input and agreement. Is there something your attorney didn't tell you that you think he should have?

I feel as tho I need to go to a different area to find a foreclosure consultation as both big towns are north or south of me. I went north the first time, prolly should go south this time. I have no idea of how to find a good one in that area and the only person I know down there happens to be my trustee! lol I suppose it would be unethical to ask him for a name. I'm trying to get my backbone strong again...lol

You may have more luck finding a foreclosure attorney after the bank actually starts foreclosure proceedings. After all, they might not actually foreclose.

[TRfromillino]

LITR, thank you for your reply. My lawyer has said many things, he says in an email given the amount of debt, including the house it might not be in my best interest to reaffirm. Because if I were to fall into a situation where I couldn't meet my obligations, I would still be responsible for that debt. But if I want to stay then I needed to sign the papers because the bank would ask for a lift of stay and foreclose.Which is exactly what they are doing, so they can pursue foreclosure. The bank is using the ispo facto clause in my mortgage claiming insovency (bankruptcy) as their reason for them thinking I can't make the payments. Which I have, and will continue to do.

I asked about the lawyers keeping one informed about their doings, because it also stated that my lawyer had sent a letter to the bank stating that I would not be reaffirming after he had already told them on the phone. Just wondered if that was normal.

[LadyInTheRed]

I think it is rather odd for him to confirm with the bank in writing that you aren't going to reaffirm. I don't know why that would be in your best interest. I dislike your attorney more and more all the time.

I still don't think you should sign the reaffirmation agreement. But, I'm not you. You need to do what you are comfortable with.

[TRfromillino]

I'm going to make a list tomorrow of good/bad things about reaffirming and see what comes out on top. There's no way I can afford a foreclosure lawyer, I'm down to bare bones as it is. In the end if I do reaffirm, I guess I have the *somewhat* comfort of knowing I can sell it if I can't make my payments. It irks me to no end that out of all I have read for the last few months about not reaffirming and people staying and paying, that I get chosen to be the one who can't. Someone bigger than me has a different plan for me evidently.

[pamkev]

I'm with Lady in Red don't much like your lawyer to me it makes me wonder if he is in ca hoots with the bank. Something smells fishy here to me.
Pam

[TRfromillino]

lol Pam, that thought has crossed my mind too, but I don't see where the connection would be, if he is. Upon first meeting, he comes across as a very nice older gentleman, easy to sort the normal issues out with, and once signed with...well, o boy! From the moment he slapped his knee and said he didn't have time for what people read on the subject, that he was my lawyer and I had to listen to what he said, we had a problem.

[pamkev]

lol Pam, that thought has crossed my mind too, but I don't see where the connection would be, if he is. Upon first meeting, he comes across as a very nice older gentleman, easy to sort the normal issues out with, and once signed with...well, o boy! From the moment he slapped his knee and said he didn't have time for what people read on the subject, that he was my lawyer and I had to listen to what he said, we had a problem.

I would have had problems with him also. Our lawyer knew we researched things and questions things that we didn't think were right and she did not have a issue with it at all. Pam

[TRfromillino]

I gave up the fight today. I signed the reaffirmation papers on the house and mailed them off. I enumerated all the good things about doing so, have some equity, not behind in payments, extremely close to work , my payment here is close or a bit lower than renting, etc. It outweighed the fact that I'm being strong armed by my bank with a basically unenforcible ipso facto clause, and my lawyer won't do anything about it, and the biggest fact of not being able to afford a foreclosure attorney. The one thing that bothers me is the notice of deficiency that the UST filed immediately after the motion to stay was filed that the bank this: "An Order granting stay relief must describe the property subject to the Order. Reference to the Motion for a description is not acceptable." They have not responded to that as of yet, been give the date of 4-30-13 to do so before being denied. I'm not sure what all that means, but I would have thought they would have corrected whatever was wrong with it fairly quick? But o well, hopefully when all the concerned parties get what they want, I can get the monkey off my back and get my life back again. I'm exhausted.

[Pizza]

Your lawyer's grandson / neighbor / friend will be very disappointed that they're not getting the house now.

[TRfromillino]

exactly

[TRfromillino]

And don't let me forget that I have to pay the bank $150 for their attorney to fill out the papers, which I could have done...

[pamkev]

Your lawyer's grandson / neighbor / friend will be very disappointed that they're not getting the house now.

Yes I agree some one wanted this house and for pennies on the dollars

[AngelinaCat]

Honey, I know you feel desperate, but you may have jumped too soon. I hope you will have the ability to rescind this decision. In any case, {{{HUGGSS}}}

[TRfromillino]

Lady, of course I can still rescind until discharge. I know exactly what the bank is doing, but since I'm without the funds to fight them, I don't have much choice. Since my husband died, I've had enough of not feeling safe. I don't feel safe here. I don't have a lawyer that says ok, we'll do this or that to stop this or that. But at the same time, in the last ten years, I've learned to fight for myself, sometimes with help. I don't have that from my lawyer and I can't risk not having a place to live based on what have become shaky decisions for me by myself. All I can do is wait and see what the bank does with the papers or that maybe the judge will not approve the reaffirmation, because he/she does have to look at it before it's approved, if nothing else to check for the attorney signature. Ya never know....